Case Details

Citation(s)
2024 SLG 5886 2024 SLD 5886 = 2024 PLD 5
High Court (AJ&K)
Writ Petition No. 3137 of 2023, decided on 7th March, 2024.
Before Chaudhary Khalid Rasheed, J
Raja Hamid Javaid Khan for Petitioner. Muhammad Arshad Khan for
Respondent No.5.

Syed MUJAHID HUSSAIN SHAH---Petitioner

VERSUS

DISTRICT JUDGE, MUZAFFARABAD and 12 others---Respondents

Law: Civil Procedure Code (V of 1908)

Section: VII,11

Law: West Pakistan Land Revenue Act, 1967

Section: 172

Law: Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Ordinance, 1974

Section: 10

Law: Specific Relief Act, 1877

Section: 42,54

(a)    Civil Procedure Code (V of 1908)-------O. VII, R.11---Rejection of plaint---Powers of the Court---Law requires that an incompetent suit should be buried in its inception in order to avoid parties from agony of trial and to save the precious time of the Court---Under O. VII, R. 11 of the Civil Procedure Code, 1908, the Court is competent to reject plaint if the same does not disclose cause of action, or if the same is barred by any law.(b)    West Pakistan Land Revenue Act (XVII of 1967)-------S. 172---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and perpetual injunction---Correction of entries in revenue record---Jurisdiction of Civil Court barred---Scope---Suit-land is entered as crown land and under S. 172 of the West Pakistan Land Revenue Act, 1967, the jurisdiction of Civil Courts, in a matter which falls within the jurisdiction of Revenue Officer, has been barred---Under S. 172(2)(vi) of the West Pakistan Land Revenue Act, 1967, the Civil Court shall not exercise jurisdiction over any matter regarding correction of any entry in the record of right, periodical record and register of mutations---Plaint of the plaintiff was rightly rejected under O. VI, R. 11 of the Civil Procedure Code, 1908---Writ petition filed by the plaintiff was dismissed, in circumstances.(c)    Azad Jammu and Kashmir Regularization of Nautor and Grant of KhalsaLand Ordinance (VI of 1974)-------S. 10---West Pakistan Land Revenue Act (XVII of 1967), S. 172---Civil Procedure Code (V of 1908), O. VII, R.11---Correction of entries in revenue record---Jurisdiction of Civil Court barred---Scope---Under S. 10 of the Azad Jammu and Kashmir Regularization of Nautor and Grant of Khalsa Land Ordinance, 1974, the jurisdiction of Civil Court has been barred on any matter for which the Revenue Officer is competent to dispose of the same---If the petitioner/plaintiff was aggrieved from the sanction of Khalsa Land in favour of the private defendant/respondent, he might assail the same by filing proper proceedings under the West Pakistan Land Revenue Act, 1967---Plaint of the plaintiff was rightly rejected…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register